G/SG/Q2/MDG/5  
27 October  2020 
(20-7511) Page: 1/3 
Committee on Safeguards  Original:  French  
 
  
MADAGASCAR'S SAFEGUARD MEASURE ON PASTA  
REPLIES TO QUESTIONS1 POSED BY MAURITIUS REGARDING  
THE NOTIFICATION OF MADAGASCAR2 
The following communication, dated 23 October  2020, is being circulated at the request of the 
delegation of Madagascar . 
 
_______________  
 
 
Madagascar thanks the Government of Mauritius for the interest it has shown in the safeguard 
investigation concerning  Madagascar's imports  of pasta in the form of spag hetti, macaroni  or noodles 
or in any other form, initiated on 1 8 July 2019. 
Before replying to the questions posed, the Malagasy authority would like to mention  that the 
Government of Mauritius has sen t around thirteen (13) official letters concerning the 
above -mentioned investigation . All of the concerns expressed by Mauritius in this regard have been 
addressed through bilateral correspondence, which has included  a number of letters conta ining the 
same questions.  
Question 1  
 
a. How did Madagascar reach the exact and round figure of 10,000 tonnes for the 
tariff rate quota and how did it evaluate the reasonableness of the quota?  
Reply  
This first question has already been asked in Note Verbale No. 20/2020 (INT/TR/3 V20) of 
11 August  2020 and was answered by the Malagasy authority in Note Verbale 
No. 20/127 -AE/SG/DGCPD//DEE/SOEI/MAU/NV of 14 August  2020. 
 
It should be noted that the definitive safeguard measure proposed by the Malagasy authority , as 
outlined in the notification circulated by the WTO in document 
G/SG/N/8/MDG/4  - G/SG/N/10/MDG/4 - G/SG/N/11/MDG/4/Suppl.1 on 21 February  2020, 
consist ed of an additional duty of 30 % of the c.i.f. value . The Malagasy authority considers this to 
be the minimum necessary to prevent or remedy the serious injury suffered by the domestic industry 
and to facilitate its adjustment.  
 
However , following the Article 12.3 consultations held with Egypt and Mauritius  to find a mutually 
agreed solution , Madagasc ar agreed to offer a quota of 10,000 tonnes . This volume is considered 
reasonable, as it is the maximum level acceptable for prevent ing or remedy ing the serious injury 
suffered by the domestic industry and  for facilitat ing its adjustment . It should be note d that during 
the consultations, the Malagasy authority pointed out that the quota level equivalent to the average 
amount  imported over the previous three years was too high and ma de the measure inadequate and 
ineffective . 
 
 
1 G/SG/Q2/MDG/3 and G/SG/Q2/MDG/4.  
2 G/L/1362 - G/SG/247.  G/SG/Q2/MDG/5  
- 2 - 
  b. Madagascar came up with the TRQ in September  2020 despite the provisional 
safeguard measure being imposed since February  2020. The valid period for the 
application of the TRQ should have been February  2020 to February  2021. Would 
Madagascar include this timeline in its regulations ? And when would the 
Regulation be implemented?  
Reply  
Since the decision to offer the quota was made after the consultations with Egypt and Mauritius,  
held on 1 0 March  and 1 4 July 2020 respectively, the date of the entry into effect of the measu re is 
that of the notification concerning  the results of those consultations , which was made under Article 
12.5 of the Agreement on Safeguards  and circulated by the WTO on 1 9 August  2020 in document 
G/L/1362 - G/SG/247 . The measure  is not subject to retroa ctive application . 
c. In its investigation report, Madagascar has proposed a tariff liberalisation 
Schedule for the TRQ . Would Madagascar increase the TRQ as from next year?  
Reply  
As stated in  the notification made under Article 12.5 of the Agreement  on Safeguards , the quota 
concerned is a fixed annual quota of 10,000 tonnes . Therefore, only the rate of the additional duty 
applied to imports that exceed the quota is subject to progressive liberalization . 
Madagascar failed to comply with Article 12.3 o f the Agreement on Safeguards as it did 
not conduct consultations with Members having a substantial interest as exporters of 
pasta (and related products) prior to the application/extension of the safeguard measure.  
Furthermore, Article 12.3 specifies that one of the objectives of the said consultations is 
the achievement of Article 8.1, which is to maintain a substantially equivalent level of 
concessions between Madagascar and the exporting Members affected by the measure . 
To achieve this objective, the Mem bers concerned may agree on any adequate means of 
trade compensation.  
Question 2  
 
Would Madagascar be open to discussions for the re -establishment of an equivalent level 
of concessions?  
Reply 
In Note Verbale No. 022/2020 (ME/05/11 -23(b) ) of 27 February  2020, the Mauritian authority 
requested consultations with Madagascar concerning the safeguard measure on pasta . Following this 
request, consultations under Article  12.3 of the Agreement on Safeguards effectively took place 
between Madagascar and Mauri tius on 10 March  2020 at the headquarters of the National Trade 
Remedies Authority (ANMCC), during which the Government of Mauritius was represented by His 
Excellency  Ambassador  Datakarran GOBURDHUN  and Mr Ravindranath SAWMY, Minister Counsellor  
to the Embassy of Mauritius . During these consultations, the parties focused on the determinations 
made and the measure proposed . The matter relating to  Article 8.1 was not addressed . 
Question 3  
 
As per the requirements of Article XIX of GATT, Madagascar is required to show 
unforeseen development for each type of product concerned by the safeguard . In this 
regard, Madagascar is yet to demonstrate what unforeseen development prompted it to 
include instant noodles in the basket of products subject  to the safeguard?  G/SG/Q2/MDG/5  
- 3 - 
  Reply 
Matters  relating to the determination, in particular  the existence of serious injury to the domestic 
industry , unforeseen developments , the product coverage of  the investigation and the increase in 
imports of the product under inve stigation, were adequately discussed by the two parties during the 
consultations . Following these discussions, the parties began negotiations concerning the quota . 
Question 4  
 
Madagascar imposed a 30 % safeguard duty on imports of pasta and related products . 
How has Madagascar reached the 30 % duty value and how has it determined that the said 
amount of safeguard duty would be in line with Article 5 of the WTO Agreement on 
Safeguards ( "only to the extent necessary to prevent or remedy serious injury and to 
facilitate adjustment ")? 
 
Reply 
 
This matter was discussed during the consultations between the representatives of the Government 
of Mauritius and the Malagasy authority held on 10 March  2020. It was explained that the 
Agreement  on Safeguards does not specif y the modalities  for determining the rate of the additional 
duty to be applied . The investigating authority determined the rate with a view to ensuring the same 
level of competition for domestically manufactured products and imported products in the market . 
 
__________